Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 1093 - DELHI HIGH COURTOffence punishable under Section 138 of the Negotiable Instruments Act, 1881 - Dishonour of cheques (PDC) - default sentence in case of non-payment of the compensation - High Seas Sale Agreements - loss of government dues / input duty (tax) liability - Held that:- The issuance of legal notices by the respondent/Govt. company to the revisionists are not disputed between the parties. It is also not in dispute that the payment so demanded was made by the revisionists within the stipulated period or subsequent period till date which attracts conviction under Section 138 read with Section 141of the Negotiable Instruments, Act, 1881. However, all the aforesaid cheques issued by the revisionist to the respondent company were to meet their liability amounting to ₹ 9,94,98,634 which forms part of one single transaction giving rise to one cause of action and the same could not be said to be distinct offences committed in each of the complaint cases to attract the provisions of Section 138 read with Section 141 of the Negotiable Instruments, Act having different cause of action. Therefore, the substantive sentence awarded to the revisionists could have been one year concurrently rather than independent/consecutive sentence in each complaint cases The conviction of the revisionists in the eighteen complaint case under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 is affirmed. The Court below went wrong while awarding substantive sentence to run consecutively rather than to award the sentence concurrently.
|